ACTION For The Regular City Council Meeting Held
Monday, April 3, 2000 at 1:30 p.m.
ALL MEMBERS PRESENT EXCEPT SHOECRAFT
PUBLIC HEARING LIQUOR LICENSES - NONE
PUBLIC HEARING ORDINANCES - 2ND READING - NONE
PUBLIC HEARING - RESOLUTIONS
1) 00R-95 Approving a Golf License Agreement between the City and Cory
Fletcher for professional services at Mahoney Golf Course.
(ADOPTED, 6-0; A-80099)
2) 00R-96 Approving the First Amendment to Skywalk Permit and Operating
Agreement between the City and Energy Square Condo
Association with regards to the repairs bidding process,
invoicing, carpet cleaning, and utility services.
(ADOPTED, 6-0; A-80100)
3) 00R-97 Appointing Lloyd Johnson to the Veterans Memorial Garden
Advisory Committee to fill an unexpired term expiring October
2, 2001. (Request to withdraw Resolution - No vacancy)
(WITHDRAWN, 6-0; 38-4332)
4) 00R-98 Approving a transfer of appropriations in the amount of
$100,000.00 from General Fund, Department City Unassigned,
Contingency Division (Acct. No. 18001.9235) O & M transfers
to General Fund, Department City Unassigned, General Expense
Division (Acct. No. 18002.5642) Legal Services for the
purpose of approving the settlement in Olmer v. City.(ADOPTED, 6-0; A-80101)PETITIONS & COMMUNICATIONS
5) MISCELLANEOUS REFERRALSREPORTS OF CITY OFFICERS
6) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on March 20, 2000. (PLACED ON FILE)
7) Investment of Funds. (ADOPTED, 6-0; A- 80105)
8) Request of Public Works to set the Hearing Date of Mon.,
April 24, 2000 at 6:30 p.m. & place on the Formal City
Council Agenda the following:
00-74 To provide authority to create a Water Dist. to
construct a 6" water main, Plum St., Gillespie to
approx. 350' East.
00-75 To provide authority to create an Alley Paving Dist.
to construct concrete pavement in the N-S alley
between St. Paul & Madison, 49th St. to 50th St.
00-76 To provide authority to create a Paving Dist. -
73rd St., Cuming to Thurston St. (APPROVED, 6-0)ORDINANCES - 1ST READING (ITEMS 9 THRU 19 HAD 1ST READING)
9) 00-64 Renaming Lakeview Drive as "Phares Drive" in the Edenton
North 5th Addition generally located south of Pioneers Blvd.
between S. 70th and S. 84th Street.
10) 00-65 Change of Zone 3196 - Application of the Interim Planning
Director for a change of zone from B-1 Local Business and R-3
Residential to B-2 Planned Neighborhood Business and from R-3
Residential to AGR Agricultural Residential, on property
generally located at S. Coddington Avenue and West Van Dorn
Street. (In connection w/00-66, 00-67, 00-68)
11) 00-66 Change of Zone 3210 - Application of the Interim Planning
Director for a change of zone from R-3 Residential to AGR
Agricultural Residential on property generally located at the
southwest corner of S. Coddington Ave. and W. Van Dorn
Street; from R-3 Residential to AG Agricultural on property
generally located south of W. Van Dorn Street, east of
Coddington Ave., and west of the BNRR right-of-way; and from
R-3 Residential to P Public Use on property generally located
southeasterly of the BNRR right-of-way south of W. Van Dorn,
north of W. Calvert, and east of S.W. 15th Street extended
north of W. Calvert Street. (In connection w/00-65, 00-67,
00-68)
12) 00-67 Change of Zone 3247 - Application of the Interim Planning
Director for a change of zone from AGR Agricultural
Residential and R-3 Residential to B-2 Planned Neighborhood
Business, on property generally located on the southwest
corner of S. Coddington Ave. and W. Van Dorn Street. (In
connection w/00-65, 00-66, 00-68)
13) 00-68 Change of Zone 3209 - Application of the Assistant Planning
Director for a change of zone from I-1 Industrial to R-3
Residential and from I-1 Industrial, B-1 Local Business, and
H-4 General Commercial to P Public Use, on property generally
located at Highway 77 and W. Van Dorn Street. (In connection
w/00-65, 00-66, 00-67)
14) 00-69 Change of Zone 3242 - Application of Jacqueline Berniklau to
amend Sections 27.07.020 and 27.07.080 of the Lincoln
Municipal Code to allow private schools with curricula
equivalent to public schools, as a permitted use in the AG
Agricultural District.
15) 00-70 Change of Zone 3243 - Application of Nebraska Neon Sign
Company to amend Section 27.69.044 of the Lincoln Municipal
Code to adjust the language with regards to signs in the O-3
district to allow on-premises wall signs and on-premises
projecting signs not to exceed 10% coverage per facade or a
total of 250 square feet, whichever is lesser; to allow
ground signs per vehicular entrance into the office park to
be located in the required front yard and to allow said
ground sign to also identify the name of the tenants; to
allow a 15 square foot ground sign at each building entrance;
and to allow the City Council to modify the ground sign and
the internal directional sign regulations in connection with
the granting of a use permit.
16) 00-71 Change of Zone 3244 - Application of HEP, Inc. for a change
of zone from H-3 Highway Commercial to I-1 Industrial on
property generally located at N.W. 27th and Interstate 80.
17) 00-72 Change of Zone 3245 - Application of Manette Kidney for a
change of zone from AG Agricultural to O-2 Suburban Office
on property generally located at S. 84th Street and Old
Cheney Rd.
18) 00-73 Amending Section 10.14.200, 10.14.210, and 10.14.220 of the
Lincoln Municipal Code to permit U-turns at select locations
when permitted by an authorized traffic control device.
19) 00-77 Approving a Lease Agreement between the City and the American
Legion Post No. 3 for the lease of Sherman Field from April
1, 2000 through December 31, 2004.
ORDINANCES - 3RD READING
20) 00-63 Repealing Sec. 9.20.090 of the LMC relating to disturbing
the peace by focused picketing at religious premises.
(PASSED, 6-0; #17645)PENDING LIST (EXTENDED ONE WEEK)
21) 95-128 Change of Zone 2912 - App. of Don Fauth for a change from AG
to AGR on property generally located ½ mi. west of
Coddington at SW 27th St. & Old Cheney Rd. (10/14/96 -
Placed on Pending)
22) 97-6 Vacating that portion of 11th St. lying between the north
R-O-W line of Y St. & the northwesterly line of Burlington
Northern R.R. R-O-W in the NE¼ of Sec. 23, T10N, R6E.
(2/3/97 - Placed on Pending until receipt of money) (Public
Works requests removal from Pending and Council Action on
4/10/00) (REMOVE FROM PENDING FOR 3RD READING & ACTION ON4/10/00, 6-0)
23) 98-52 Declaring city-owned property legally described as the
remaining portion of Lots 226-229, Ridgeview Add., except
the north 10' of said lots, generally located at N. 5th &
Adams St., as surplus & authorizing the sale thereof.
(4/6/98 - Placed on Pending)
24) 97-122 Amending Sec. 5.04.060 of the LMC to prohibit issuance of
special designated licenses for sale of liquor to the
general public in the downtown area on home football game
days. (8/25/97 - Amended; Placed on Pending)
25) 97-66 Change of Zone 3023 - App. of the Planning Director for a
change from B-2 Planned Neighborhood Business to R-5
Residential on property generally located at 7401 Pioneers
Blvd. (11/1/99 - Placed on Pending) (REMOVED FROM PENDING &WITHDRAWN, 6-0; #38-4333)
26) 99R-289 Comp. Plan Amendment 94-38 - App. of the Planning Director to
incorporate the Beal Slough Basin Stormwater Master Plan by
reference as an approved component of the Comprehensive Plan.
(12/6/99 - Placed on Pending until Spring of 2000 for cont'd
Public Hearing)
27) 97-142 Change of Zone 3076 - App. of Dustrol, Inc. for a change from
AG Agricultural to H-4 General Commercial on property
generally located on the south side of Arbor Rd., west of N.
56th St. (9/22/97 - Placed on Pending)
28) 98-153 Change of Zone 3141 - App. of Randy Rohlmeier for a change
from R-2 Residential to I-1 Industrial, on property
generally located at the southwest corner of N. 33rd St. &
Leighton Ave. (9/21/98 - Placed on Pending)
29) 98R-370 Approving an exception to the Guidelines & Regulations for
Driveway Design & Location requirements of vehicle stacking
for Lincoln Federal Savings at 70th & "O" Sts. (11/23/98 -
Placed on Pending for 30 days) (Public Works requests removal
from Pending & Council Action on 4/10/00) (REMOVE FROMPENDING FOR 3RD READING & ACTION ON 4/10/00, 6-0)
30) 99R-134 Approving a recommendation that the Mayor amend Admini-
strative Regulation #9 to allow for the creation & implement-
ation of a take-home vehicle program for police officers in
targeted revitalization strategy areas. (5/10/99 - Placed
on Pending)
31) 99-93 Amending the corporate limits of the City by annexing approx.
45 acres of property generally located at S. 14th St. &
Mockingbird Lane North. (8/23/99 - Placed on Pending for 6
months)
32) 98-104 Vacating the alley north of W. C St. & west of SW 1st St.
(9/7/99 - 2nd Sub. Ord. Accepted. Placed on Pending) (Public
Works requests removal from Pending & Council Action 4/10/00)
(REMOVED FROM PENDING FOR 3RD READING & ACTION ON 4/10/00,6-0)
33) 00R-4 Amending the City's resolution on local government miscel-
laneous expenditures to clarify language; to provide for
travel approval by department directors & instituting a
requirement for directors to submit a semi-annual report
regarding travel authorizations; to provide that teams are
eligible for the Mayor's Award of Excellence; & to eliminate
references to the City's wellness program. (1/18/00 -
Placed on Pending)
34) 00-35 Amending Sec. 9.16.230 of the LMC to define "nudity", to make
it unlawful for a person to appear in any public place in a
state of nudity, & providing exceptions thereto. (2/22/00 -
Placed on Pending until a Supreme Court Case Decision)
35) 00R-64 Special Permit 1423C - App. of Dru, Guy, & David Lammle to
amend the Himark Estates C.u.P. to add land, increase the
assigned number of dwelling units from 240 to 300 multi-
family dwelling units, & to approve the site plan for the
multiple family area, on property generally located at the
northeast corner of S. 84th St. & Old Cheney Rd. (3/13/00 -
To remain on Pending)
36) 00-31 Amending Chapter 5.38 of the LMC to include condominiums
for the purpose of ensuring compliance with the minimum
housing standards. (3/6/00 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, APRIL 10, 2000:
37) 00R-99 Reappointing James McKee, Jerry Berggren, and Tim Francis to
the Historic Preservation Commission for three-year terms
expiring April 15, 2003.
38) 00R-101 Accepting funding support from the Railroad Transportation
Safety District (RTSD) for the Antelope Valley Study.
39) 00R-102 Waving the public street paving design standards for Franklin
Street and waiving the sidewalk requirements along the north
side of Franklin Street between S. 51st Street and S. 52nd
Street in the McManaman's Addition administrative final plat.
40) 00R-103 Appeal of L. Vince Cornell from the Planning Commission
denial of Special Permit 1818 for authority to park and
display vehicles for sale in the front yard on property
generally located at 702 West "O" Street.
41) 00R-104 Approving a Consent Agreement between the City and the U.S.
Environmental Protection Agency to settle any pending claims
of environmental violations at Transportation Engineering
Services at 901 N. 6th Street.
42) 00R-105 Amending the Original Engineering Agreement to allow HWS
Consulting Group, Inc., to take responsibility as the prime
consultant on the South and East Beltway Studies.
43) 00R-106 Approving Supplemental Agreement No. 4 between the City,
County, and State to substitute HWS Consulting Group, Inc. as
the prime consultant for the provision of engineering
services associated with the South and East Beltways Studies.
MEETING BEGAN 1:40 P.M.
ADJOURNMENT 1:51 P.M.
UPCOMING HEARINGS
Hearing date of Mon., April 10, 2000 at 1;30 p.m. on the App. of
210 N. 7th St. LLC dba DiNapoli Ristorante & Vinera for a Retail
Class I Liquor License at 201 N. 7th St.
5) MISCELLANEOUS REFERRALS
Report of City Treasurer of Telecomm. Occ. Tax for the Month of Fe.,
2000: AT&T, Phoenix, Airtime SMR, Shaffer, Lincoln Celteco.
(PLACED ON FILE)THE FOLLOWING APPLICATIONS WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone HP68 -App. of Lincoln Women's Commission for a change
from B-4 to B-4 with landmark designation on property at 407 S.
14th St.
Change of Zone 3250 - App. of Director of Planning to change Sec.
27.31.100(l) be revised in order to allow Winfield Scott's B-2
parcel of land to obtain a use permit.
Special Permit 494E - App. of Wm. E Gordon, Edward Last, Stephen E.
Ravitz, to expand Special Permit 494C & allow home sites to be
identified as envelopes & amend C.U.P. at SW 11th & W. Peach St.
Setting Hearing Date of Mon., April 17, 2000 at 1;30 p.m. on the Man.
App. of Craig Weidner for B & R Stores Inc. dba "Russ's B & R IGA" at
130 N. 66th. (ADOPTED, 6-0; A-80102)
Setting Hearing Date of Mon., April 17, 2000 at 1;30 p.m. on the App.
of Cory Fletcher dba "Mahoney Golf Course" for a Retail Class "B"
Liquor License at 7900 Adams. (ADOPTED, 6-0; A-80103)
Setting Hearing Date of Mon., April 17, 2000 at 1;30 p.m. on the App.
of TFG, Inc. dba "Capitol Dining Room" for a Retail Class "IK" Liquor
License at 1445 "K". (ADOPTED, 6-0; A-80104)